parshiot

Monday, October 29, 2007

Because of the big hullabaloo about wigs, and wigs that look like people's own hair, I thought it would be a big help to the public to publicize Rav Moshe Feinstein's teshuva on the subject, and to translate it into English. Below are scans, as well as Hebrew text and rough translation. See this in Even haEzer chelek 2, siman 12:

The truth, in my humble opinion, is that even if there is one who is concerned to forbid a wig because of marit ayin, see in Amrat Zekenim, Orach Chaim siman 75, even so, the majority of our Rabbis {rabboteinu} and also of those upon whom we rely fundamentally for ruling, permit. And they are the Rema there {in siman 75} and in siman 303 in Darkei Moshe, and the Magen Avraham and the Pri Megadim. And so is also mashma from the Gra, who holds like this, that they did not forbid in this because of marit ayin.

And it is somewhat compelled from the gemara in Shabbat perek BaMeh Isha, for if it were dealing with a woman who went out with a wig, specifically where it was coverred, if would not be appropriate to say that on the hairs of an elderly woman for a young woman, we should worry that they will laugh at her.

And the reason is straightforward, that since we do not find in the gemara that they forbade, we should not learn from other places that they forbade because of marit ayin, for we can not learn one from another, and therefore they state the prohibition of marit ayin specifically be each matter that they forbade. And by a wig, certainly one should not learn, firstly because this is not a prohibition coming from a negative commandment but rather a prohibition coming from a positive commandment, for it is upon the woman to be tzanua and to cover her head, and thus one should not learn from what they prohibited by Shabbat and other prohibitions arising from negative commandments.

And furthermore, because in most instances it is recognized that the hairs are from a wig, and even if it is not recognizable to men who do not look so much at women until the recognize, still, to women certainly it is recognizable in the vast majority of cases, and perhaps they are even all recognizable, and therefore, because of what will occur in infrequent cases that it is not recognized, they did not forbid.

And there is something of a proof to this from the fact that it is permitted to shave the beard with scissors like a razor and they did not forbid because of marit ayin, even there where it is from prohibitions coming from negative commandments, and also they are five negative commandments. Thus it is clear that they did not prohibit {because of marit ayin} in every matter.And perhaps it is also because in most cases it is recognizable to those who are used to shaving that it is not the shaving of a razor, they did not forbid just because of the remote instances in which it is recognized. And even if they are found among men who do not shave, such that they do not recognize so much, still, since to those who shave it is recognizable, this one is like one known to all that he has a fellowship, and all know that Ploni shaves with scissors and with sam {depilatory cream?} and the like, and not with a razor.And if so, certainly by a woman, that in the main she is found among the women, who recognize that it is a wig, that we should not forbid just because the men will err because they do not recognize this, for it is considered known as well to them. And even if she is a woman whose job is among men, also, since at any rate it is recognizable to women, there is not to forbid. And thus, one should not forbid even when it is on occasion not recognized, even if this were from the prohibitions arising from negative commandments, and certainly where it is only from positive commandments, where it is possible that there is not at all any prohibition of marit ayin in this.

And there is another great reason in this that they did not prohibit by wigs, that since it is known that there is this thing called a wig which looks like the hairs of the woman herself, there is not to prohibit. For for what reason they have to suspect, those who see her from afar and those who do not look so carefully at women, that the hair that is visible is from the woman's own hair, since she is after all under the presumption of being a kosher woman, and they know that close up they will know that it is not her hair. {And thus even far away they will not make this assumption, knowing that it is a result of being far away.} And those who see her close up and look, behold, in most instances they will recognize that it is a wig.

And there is not to say that in this country of ours, nowadays, that it has become a widespread breach, in that in our many sins, most of our women do not cover their heads, and that therefore they will say also about her that she is of those who are perutzot in this, and that therefore, even though the Sages have not forbade, we should forbid. Firstly, because we do not innovate a prohibition which they did not prohibit in the first place in the gemara and Geonim. And furthermore, it is not possible to worry that some negative thing will come out of this -- for those who recognize her will not have any suspicion, since they know that she is a kosher woman; and those who do not recognize her and will say that she too is of those who are perutzot in this, so behold, they will not learn from her any more than the other perutzot, who are many, due to our many sins, and we have not found that they prohibit in such a case.

And this reasons is also applicable to that that they did not prohibit shaving with scissors which are like a razor {e.g. an electric shaver} and with sam {depilatory cream}. For there also, since it it known that is possible to shave with that {a scissors} which is like a razor with something which is permitted, they will not have suspicion about him, and even though there is a widespread breach, in our many sins, that many shave with a razor, still, there is not to forbid now what they did not forbid at first. And also because those who recognize him will not have any suspicion on him at all, since he is in the presumption of being kosher. And to those who do not recognize him, there will not come from this any negative result from this, for they will think that he about him that he is one of the violators on top of those that they find the rest of the violators.

And therefore, practically as a matter of law, you {kevod Torato} are not able to prevent {/protest} your wife, the honorable Rebbetzin, from wearing a wig. For even if you {kevod Torato} wish to be stringent, you cannot impose your stringencies on her, for this is only her own din. And since she is acting in accordance with din, which is like the majority of poskim, and also it appears {that the din is indeed} like them, I am not able to be stringent upon her, even if she did not cover the wig at all, and certainly when she wishes to wear a hat upon it which will cover most of the wig, that you {kevod Torato} should not be insistent upon this at all.

And if yuo {kevod Torato} are of those who are accustomed to shave with depilatory cream or a scissors which is like a razor, and you do not worry about yourself in terms of marit ayin, which is only because of the reasons I have explained, then certainly it is not appropriate to be stringent upon her as regards the wig, for this would be like contradicting your own practice, for those same reasons are true in this and even more, as I have explained.

Sorry, I don't understand what that says. Could you provide me with a translation?

;)

Yes, I'm joking.

You make a good point. There are some factors which I think might counter this.

1) First and foremost, it is an Es Laasos LaHashem.

I'm not sure if you have been following this, but there is an anti-sheitel movement which not only claims that the halacha is that sheitels are forbidden, but that no one can possibly say otherwise. They state that anyone who says otherwise is an Am HaAretz who has not learned through the sugyos, because it is *impossible* to come to the conclusion that wigs are permitted. This despite the fact that R' Yeshaya du Trani, Rema, Mishna Berura, Rav Moshe Feinstein, and the Lubavitcher Rebbe all spoke about permitted exposed wigs. This happens together with an attempt to put the power of pesak solely in the hands of a few chareidi Gedolim in Israel, and with a claim that local rabbis who say otherwise are not to be relied upon. And that kollel wives who wear sheitels are all sinners, etc. And that any rabbi who says otherwise is either ignorant, doing it for the kavod, or doing it because he likes his wife wearing a sheitel. (I can give you several websites substantiating this.)

I don't want people to paskin based on this, but at the least, to realize that in fact there are Rabbis, who knew how to learn, who said otherwise. And that one should consult your Orthodox rabbi.

Therefore, I am planning on posting another few from Rav Moshe, as well as other teshuvot from others. All with the purpose of counteracting this propaganda from the other side. And the people seeing this propaganda often do not read Hebrew, or read it in the original sources.

(Some even claim that Rav Moshe did not intend this as pesak, or that Rav Moshe retracted or was contemplating retracting but did not get a chance to write this in a teshuva before he died.)

2) Rav Moshe had a stronger case about this while alive. There may well be copyright issues in America, but it seems to have entered into the public domain.

3) I am noting at the top that this is just a rough translation.

4) I am providing the actual text of Igros Moshe as well, so that people can see the problems with my rough translation. This obviously does not answer the issue of exposing it to a wide audience. Though the same would be true for many other teshuvot.

But you do make a good point.

Of course, this does not account for the previous post. Truth be told, I wasn't thinking in terms of this.

Overheard: What do you call that again?
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Older fellow with glasses: I see that book in your taliis bag, called "Forgiveness". What is it about? New Age Guy: It is about how you have to forgive all t...

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parshablog is published by (rabbi) josh waxman (joshwaxman [at] yahoo [dot] com), a grad student in Revel, a grad student in a Phd program in computer science at CUNY. i recently received semicha from RIETS. this blog is devoted to parsha as well as whatever it is i am currently learning.